Elkhart County, Indiana - Chapter 5: The County Seat, 1905

The history of the county seat of Elkliart county has its beginnings even before the organization of the county government. The legislature of 1829-30 enacted a law, which was approved January 29, 1830, and which Vv'as entitled .An .\.ct fnr the P'ormation of the Counties of Elkhart and St. Joseph. This law prn\-:ded for the appointment of five commissioners, who were to examine sites and select a seat ni justice for the county. The commissioners selected, and who were named in this act, were William G. Ewing and Hugh Hanna, of Allen county; Samuel Fleming and John Bisho]), of Wayne county: and John Bennett, of Delaware county. The}' were instructed to meet at the house of Chester Sage, whose location was not designated further than that it was within the bounds of the county, on the fourth Monday in May, 1830, and proceed to the discharge of their duties.

In accordance with the provisions of this act the commissioners met Alay 24, 1830, at the residence of Chester Sage and began the work which the legislature had assigned to them. Two days later they met at the same place and reported thai the}' had e.xamined a numljer of sites and had selected the southwest quarter of section 24 in townshij) ^y north of range five east, as the site of the proposed county seat. This tract of land is in the present township of Concord, about a mile west of the line between Concord and Jeft'erson township, just a short distance north of ihe Elkhart ri\-er, :md almost directly across the river from die present county as\duni. The commissioners also reported that the land which they had selected was attached to the district of lands held for sale at the Fort \\ ayne land office and had not been previously offered for sale by tlie United States government. .\t that time there was no organized countv government and no authorities to whom these com-

The same act which authorized the formation of the county provided for holding an election of county officers and for electing three justices of the peace, who should organize themselves into a hoard and ha\-e charge of the county business. Accordingly an election was held, but at what date 1 have not been able to ascertain. The three justices elected at that time were James blather. Arminius C. Penwell and John Jackson. By another provision of the act above referred to, the house of Chester Sage was designated as the place for the meeting of the board of justices after their election. The board met for the first time June 28, 1830, and after transacting such business as came before it adjourned to meet m special session July 13. At that time the commissioners above named formally presented their report of the selection of a site for a county seat. The report was received by the board and placed on record. What the cities of Goshen and Elkhart would have been had the county seat remained at the place first selected - for it is almost midway between the two - must be left to the speculation of those individuals who enjoy wrestling with that kind of problems.

But that spot was not to be the real county seat, whatever ma\- have been the desires and expectations of the inhabitants of that early day. The legislature of 1830-1 passed an act pro\-iding for the relocation of the county seat. The act was appro\'e(l February 10. 183 1. .\nother set of commissioners was named, who were to examine the site which had been previously selected and also such other sites as might be considered eligible for this purpose, and decide whether or not tb.e public interest demanded a relocation. The commissioners selected at this time were L. G. Thompson and Attorney L. Davis, of Allen county ; Hiram Todd and Walter Wilson, of Cass county; and David Miller, of St. Joseph county. The place designated for them to meet and from which to proceed to the performance of the duties devolving upon them was at the mouth of the Elkhart river, and the time set for their meeting was the third Monday in March, 1831. The record of the board of justices shows that Anthony L. Davis, I.. G. Thompson and David Miller, a quorum of these commissioners, met on the day designated and proceeded witli their work. On the 26th of AJay they submitted their report to the board. The report recites that they examined the se\'eral sites under consideration, including the one previously selected, and recomniended that it be vacated and the countv seat relocated. The new loca- tion selected was described as the south fraction of the northeast quarter and the north fraction of the southeast quarter of section nine in township 36 north, of range six east ; providing that the two fractions should not exceed the maxnnum quantity of one hundred and sixty acres, to which the count}- had the right of pre-emption for county seat purijoses. The commissioners further recommended that, should the two fractions exceed the maximum quantit}', the first described fraction should be preempted and the second purchased by the count}'. The records shows further that the commissioners recommended the name of Goshen as a suitable name to be given to the town which should l>e built at the proposed seat of justice. The report was accepted and approved by the board of justices, the seat of justice was located and the name of Goshen was officially given to the site at that time selected.

The opinion seems to be held by a great many people that the land included in the present court scfuare wa- acquired from Oliver Crane, one of the earlier residents of this portion of the count}'. It is also belie\e(l that he gave the land to the county with the stipulation that should it e\'er cease to be used for this purpose it should revert to his heirs. The records show, however, that this opinion was ndt well founded. The fact is that a tract of ninety-two and twenty-eight hundredths acres of land was acquired from the government by pre-emption, as had been recommended by the commissioners. This tract embraced all of that part of the present city of Goshen which lies between the Elkhart river on the west and Broad alley, now Cottage avenue, on the east ; and between Clinton street on the north and the first alley south of Washington street on the south. The deed of conveyance for this parcel of land was executed June 7, 1833, and is signed by Andrew Jackson, president of the United States, and attested by his private secretary, Andrew J. Donelson, and by Elijah Hayward, commissioner of the general land office. It states specifically that the conveyance is made in accordance with the provisions of an act of Congress passed in 1824, granting" 10 parishes or counties in each state or territory the right of pre-emption to quarter sections of land for seats of justice. The deed is recorded on page 98 in deed record number i of Elkhart county. Thus the county records completely controvert the time-honored tradition that Oliver Crane donated to the county the land which is included in the present court park.

Ijosed county seat town, and that he did so because he had come from a town of that name in New York. Hon. John E. Thompson and the late Anthony DeFreese were questioned by the writer as to what they knew concerning this tradition. Both of them stated that for the past fifty years or more it had been generally accepted as true. And in a personal memoir b_\- the late Jnhn \\'. Irwin appears the following statement : " .\niong the principal men who were early settlers here before 1832, the time of coming of Alexander Irwin, was Oliver Crane, who had come from Orange county. New York, the county town of which was named (joshen. It is understood that he was mainly influential in inducing those who liatl charge of laying out our C(.)unty seat town for the name given it. Mv father is claimed ti) have been consulted about the name in 183 1 and favored it, not from the standpoint of Crane, to follow a town name to which he was attached from local considerations, but from the fitness of the name as being a cnuntry rich and productive, as that of Goshen in Egypt, occupied, by the designation of Joseph, by his kinspeople during their sojourn in that country." (See Note i, below. ) riie public records appear to contain nothing either to prove or dis])ro\e this opinion. .\11 that has been found concerning the matter is what has alreadv been stated; That the name was recommended by the commissioners who cho.se the site for the county seat, and was officially confirmed by the board of justices in whom was \'ested the authority to transact all county business.

The name of Oliver Crane is prominently identified with the earliest history of the town of (Joshen in another wav, ex'en though he is not entitled to the honor of having given the court square to the public. At the session of the board of justices held May 2. 183 1, he was appointed agent for the county seat. This was just before the present site was selected. -\t the session of the board held June 21, after the count\' seat had Iieen relocated, he was ordered to lav off into lots the tract which had been chosen for this purpose. He was further ordered to advertise half of the lots to 1>e sold on tlie 2d day of July. In September of the same year he made his first re]iort. showing that he had sold fiftv-four lots, recei\ing therefor $2,607.75. In Xo\-ember, 1831, he was succeeded by Robert Randall as county agent. It ajjpears from tlie record, however, that Crane was associated with his successor and with the county sur\eyor, George Crawford, in surve^'ing and laying out lots in the new town. The public records also show that t\\elve lots were reserved iiy the county for a iiublic square and jiublic buildings. These

Besides the tract which was acquired from the government by preemption, the county purchased of Oliver Crane another tract lying immediately north of it and including that portion of the present city of Goshen which lies north of Clinton street, cast of the I'llkhart ri\er and south of the Lake Shore Railroatl. Its area is twenty-seven acres, three roods and three rods, the deed for which was made September 2, 1834, signed by Oliver Crane and his wife, Elizabeth Crane, and acknowledged before Peter L. Runyan, a justice of the peace. This tract was a part ni the northwest (juarter of section 9, township 36 north, range 6 east, and which was entered from the governmait by Ephraim Seeley August _'. 1N31. I'he two ])arcels of land which were acf[uired, the one by pre-emption and the other by purchase, aggreg^ated one hundred and twenty acres, six and two-sevenths rods.

Ill order to make ihis sketch as complete as possible from the data which could ije found, it is necessary to refer once more to the act whicli authorized the organiz.itiou of the county and which also pro\-ided for the meeting of the courts up to the time when the public buildings should \x erected. The place designated by the act for the first meeting of the circuit Court was the house of Chester Sage, which was a log cabin 011 the north bank of the St. Joseph river and iiearlv (jpposite the mouth or the Elkhart ri\er. The farm u]ion which he li\ed is now a part of the city of Elkhart, and the sjjot where the cal>in stood is about si.\t\- rods east of the bridge which crosses the St. Joseph at Main street. So that place was 1\v legal enactment virtually the earliest countv seat. The same act of the legislature which designated the place for the first session of the court also contained a provision that the circuit court should have authority to remove the ]ilace of meeting from the house of Chester Sage to any other place in the county previous to the erection of the ])ul)lic buildings, after which all of its sessions were to be held in tlie court house at the count\' seat.

It appears that the court availed itself of the authority granted it to remove to other places for holding its sessions. But one .session of the circuit court was held at the residence of Chester Sage, the place designated by law. That session was begun No\-ember 30, 1830. The next session was held in .\pril. 183 1, at the residence of Thomas Thomas, the county clerk, about three miles east of Elkhart on what is known as Two-Mile plain. (See Note 2.) The third term of the court was held m Octolicr. 1S31, at the residence of Thomas Frier, on what was then called Elkhart plain, but is now known as Elkhart prairie. The place referred to is what has been known for many years as the McConaughy farm and is now owned by Leonard McConaughy. The late Dr. E. W. 11. Ellis, in an address delivered at the Elkhart county fair in 1852, referred to this session of the court and stated that it was really the first session at which the full bench was represented, the Hon. Charles H. Test, the presiding judge, meeting with the court then for the first time. At the two sessions held after this, at the places above mentioned, only the two associate judges, Peter Diddy and William Latta, were present. The residence of Mr. Frier was then a logcabin and the court held its session under the stately trees which stood in front of it. It might also be added here that James Frier was the first treasurer of Elkhart county and was serving in that capacity at that time.

The fourth term, counting the two terms which were held by the two associate judges, as already mentioned, was held in April, 1832, and the sixth in May, 1833, both being held at the residence of Henry Dusenberry (Note 3), which was located in Goshen at the northeast corner of Main and Washington streets, where the Dewey block now stands. There is nothing in the court records to show where the fifth term was held, which was in- October, 1832. The seventh term was held in the court house, which is the first mention of that building in the circuit court records.

The board of justices held all of its sessions from the first one, in June, 1830, already mentioned, to the May meeting in 183 1, at the residence of Chester Sage. In June and July, 1831, they met at the residence of Thomas Thomas. Up to that time the board of justices performed the functions which have been performed by the board of county commissioners. In September, 183 1, the first board of commissioners met at the residence of Thomas Thomas. (Note 4.) But two memlaers of the board were present : Edward Downing and George McCollum. At the next meeting John Jackson presented his certificate of election as a member of the board and took his seat. This meeting was held at the residence of George McCollum, which was located al»ut half way between Lincoln avenue and the next alley north on the east side of Alain street and opposite court park. Another session was held in January, 1832, at the same place. In Alarch, 1832, the board met at the residence of Luke Hulett, on or near the present site of the Baptist church in Goshen. From May, 1832, until August, 1833, the board held its meetings at Abner Stilson's tavern, located where the Kindig block now stands at the corner of Main street and Lincoln avenue in Goshen. In September. 1833, the board met for the first time in the court house.

The residences of Chester Sage, Thomas Thomas, George McCollum and Abner Stilson were also the meeting places of the probate court from 1830 to 1833, the year when the court house was completed, from which time that court also began to hold its sessions in the court house.

There is one thing quite peculiar that deserves mention, and that is the apparent absence of any record of the contract for the building of the first court house. The records of the board of justices, the commissioners', circuit and probate courts have been searched diligently but no such contract has been found. P. M. Henkel, former county auditor, in a paper read before the Elkhart County Historical Society, April 20, 1905, states that this contract was awarded to Jacob Studel>aker, who modeled the building after the court hoiise at Dayton, Ohio. The late Dr. M. M. Latta, several years before his death and before illness had impaired his mental faculties, made the same statement to the writer of this paper, and added also that the Dayton court house had been copied after the main building of Princeton College as it was nearly a centurj' ago. In the absence of any public records the word of these men, who were known throughout their li\es for their accurate knowledge of passing events and for the accurac}- of their statements concerning them, is the best authority that can be cited.

As far as can be gathered from the public records, from recorded personal memoirs and fi^om statements of individuals still living who are believed to know concerning these matters, this is an accurate history in detail of the seat of government of Elkhart county from the time of the county's organization until the completion of its first court 'louse in 1833. Since that time there has been no change in its location, but it has remained continuously in the same place.

( 1 ) Elisha Irwin, brother of John W. Irwin, states that his father, Alexander Irwin, first came here in 183 1 and returned to his former home in Pennsylvania in 1832, in which year he removed here with his family to remain permanently. This explains the apparent conflict in the dates of John W. Irwin's memoir.

(2) Dr. W. H. Thomas, the only surviving son of Thomas Thomas, and John W. Ellis, a resident of Elkhart since November, 183 1, and now eighty-one years old, both concur in this statement as to the location of

Tliomas Thomas' residence. W'ilher L. Stonex, a grandson of Thomas Tliomas, thought it was in tiie next residence ci Mr. Thomas, now known as the Bradigum farm and located just northwest of the present city Hmits of Goshen. Mr. Elhs saj's that j\Ir. Thomas removed to this place in the latter jxirt of 1831, which was several months after the court met at his cabin on Two-Mile plain.

( 4 ) As Mr. Thomas removed to his farm near Goshen some time in 1 83 1 it is impossible to ascertain at which of the two places this first session of the board of commissioners was held.

The history of the seat of justice would ni;t l)e (|uite complete without a brief description ui the building which for so many years has adorned the puWic square, and in wh(ise halls have teen discussed and acted upon the matters of deepest concern to the welfare of the county and where justice has been afforded to all employing the machinery of law for that purpose. The present court house was opened to the public in 1870. The old building having outlived its usefulness, it was decided by the people that a new building shoulil be erected. This was in the year 1868, and the commissioners wlm had charge of the work were James Becbtel. J. E. Thouipson and Nathaniel Thompson. The work on the building was begun the same year and completed in 1870.

The earlv county fathers sliowed their wisdoiu in ])lanting numerous shade trees on the scjuare. si> that, during the summer season, the court house almost disappears among the emlxiwering foliage of maples and elms. Formerly the grounds were enclosed by iron railing, but civic taste has decided against this inclosure. A description of the building as it appeared before the recent remodeling gives the fi>llo'wing general features. Of classic model, its four large Corinthian pillars supporting a well proportioned entablature on the east and west sides, the building has much of the appearance of those ancient temjjles where justice was supposed to emanate fn^m the deities whose .shrines and marble figures were within its walls. The ground dimensions were, until the reconstruction, 8_' by jj feet, and from liase to cornice it is 5 J feet. .

Until the spring of 1903 the true s_\'mmetry ;ind simplicit\- of this structure were marred and thmwu out of balance liy the large clock tower on the south end. This height of brick and stone, although for many years forming one of the landmarks of Goshen, came into dis- fa\oi- when the plans were formulated fur the remodeling- of the court house, and along atout the first of last April the old clock, which for more than a generation had sounded the hours to children and children's children, struck for the last time, and a few days later the work of dismantling the tower was complete.

The remodeled court house gives Elkhart county one of the most up-to-date and thoroughly convenient seats of justice in northern Indiana. Such changes are being made in the general features as well as the details that the next generation will be hardly able to image the old court house from what they see r)f the reconstructed e<lifice. As mentioned, the tower has been taken down. The building has been lengthened at both ends, but in form symmetrical with the old plan, the total ground space added being 87 by 70 feet, or a total additional floor space for the three stories of nearly 20,000 scjuare feet. While the general arrangement x)f the rooms remains the same, the reconstruction affords such expansion for all the different offices that they are practically to be in new quarters, ample for all their present and future needs for some years to come.

The principal entrances to the basement floor will now be at the north and south ends, although the former entrances will also remain. With much enlarged quarters, the superintendent of county schools and truant officer will retain the southeast corner, the surveyor will occupy the southwest room, and the connnissioners will hold their meetings in the northeast corner, while the remainder of the basement will be taken up by the modern fan heating" plant, janitor's rooms, etc. Stairs lead from this floor to the main floor.

Going up on the main floor, one finds the most complete contrast between the new and old arrangement. Where as former!}- the east entrance had three doors, now a broad double-door affords the principal means of entering the building, b^rom this main hall br;uich out the two corridors w-hich, as the \-ertical axis of this floor, extend nearly the full length of the building. l''rom the south corridor doors open into the clerk's enlarged office, the office of the sheriff' (who in the old iniilding had \er)' small and inadequate room), and the recorder's office, in which has been liuilt a \ault of such proportions as w-ill accommodate the great bulk of \aluable records which accumulate there froi-n year to year.

ing is a large consultation room, communicating with both the treasurer's and auditor's apartments, while each of these officials also has a private office.

A broad stairway interrupted by one short landing, leads straight to the second floor. Opening into the hallway at the head of the stairs are, on the west side, the rooms of the assessor, the probate court, and the attorney's room, and, on the east, the jun,^ room, the library, and the judge's room. Especially notable and appropriate to the progressive spirit of the people of Elkhart county, is the new jury room. From the restricted, unsanitary, and inadequate quarters formerly provided for the deliberations of the twelve tried and true peers, the bailiiif now, when the trial is over, leads his charges into a spacious double apartment - a large room intended for the general sessions of the jury, and also, connected therewith by swinging doors, a smoking room.

Double doors from the second floor hall open into the court room, which, already of ample dimensions, remains practically as it was. The enclosed space reserved for the attorneys and participants in the trials has been increased, and some changes of arrangement made. Desks and chairs for the members of the county bar are provided to the number of forty, and these places are to assigned to the members in order of seniority of admission to the bar. each seat being reserved exclusively for the use of its rightful occupant.

Back of the court room are the offices of the court stenographer, the prosecutor's room, and two witness rooms, - the last being a notable improvement, there formerly being but one njom for witnesses, and an order to divide the witnesses meant serious inconvenience.

The appropriation up to the time of this writing for this reconstruction is $68,000, but it is thought that nearly one hundred thousand dollars will represent the final sum expended upon the work. From it will result a building which, for efficiency of design and symmetry of architectural outline, will for many years to come be a credit to Elkhart county.

In the early forties,." according to ]\Ir. P. ]\I. Henkel, " there was no asylum for the care of the poor and indigent persons. Such as were dependent upon public charity were farmed out by the county commissioners for their support by the year to the lowest responsible bidder. At this date (1845) ^^"t two persons in the county were thus provided for. The first farm purchased by the county to be used as an asylum for the poor was located in Jefferson township and consisted of eighty acres. A superintendent was appointed and all indigent persons transferred to his care." This poor farm was two and a half miles northwest of Goshen, and was known as the .\dam Harman farm.

In 1847 Miss Dix, the eminent philanthropist and reformer of prison conditions, visited on her tour of inspection the institutions of Elkhart county, and her strictures relative to the county poor farm were especially severe. The poor house, to quote Miss Dix's report as it appeared in a local paper of that year, "is situated se\eral miles imm Goshen, and has a farm of eighty acres, forty of which are cultivated. No dwelling is as yet constructed for the poor of sufficient capacity for their suitable accommodation. The situation of this establishment is remote and difficult of access." Only three individuals were kept there at county expense at that time, so that it is hardly surprising that the home had not yet reached the dignity and efficiency of a public institution.

Perhaps this criticism led to the action of the county board in 1833 by wdiich a substantial building was planned for the accommodation of the county's almoners. This house was erected on Elkhart prairie, five miles southeast of Goshen, on the old Fort Wayne road. The poor house was burned in February, 1871, but was replaced by another in the summer of that year. In 188.2 the county commissioners traded with W. D. Platter for a marsh farm of 453 acres between Bristol and Elkhart on the St. Joseph river. This trade was rescinded by the new board of commissioners elected in 1882, and, Platter refusing to surrender the old farm, a law suit followed. The case was in the courts two years, was tried in the circuit court at LaGrange before Judge Robert Lowry, of Fort Wayne, who decided in favor of the county. Platter took an appeal to the supreme court, where Judge Lowry's decision was affirmed, sO' that the county continued in the possession of its farm on Elkhart prairie several years longer.

In 1885 the farm on the prairie was sold, and the site of the present institution was lx)ught of David Rupp, for the sum of five thousand dollars. The present Elkhart county farm is located at Dunlaps, in Concord township, half way between Goshen and Elkhart, and is reached by the inter-urban electric line. The farm contains one hundred and twenty acres, and the entire institution is a credit to the countv. If Miss

Dix were alix'e to-day and could \-isit tliis asylum her ad\-erse criticism would, without douht. he turued to words of praise and admiration of the efficient wa\- ui which the eleemosvnar\- affairs of the comity are administered.

The asylum Ijuildiny, which was erected in 1886. the original contract price being $18,800, is a hrick huilding, two stories and l>asement. containing sixty-five rooms. The east side is for tlie women inmates, and the west for the men. At the time of the present writing an addition, 31 by 60 feet, is being luiilt. in which will be located tlie hospital department, the rooms for the insane and the cells for the unmanageable inmates. At the ]jresent time there are 58 jjcrsons in the instituti(jn, this Ijeing about the average number. The largest number during the jiast year was 70 and the lowest 50. The jjresent superintendent is Air. John L. ^Varden, and under his direction are three ladv employes, two men in the house and one on the farm, besides the fireman and janitor.

In the report of Aliss Dix, abo\"e referred to, the count\' jail comes in for its share of criticism. "The Elkhart county jail, at (;<jshen,"'- sa\s Miss Dix, "is a two-storv lirick Inu'lding, containing four dungeons, two debtors' rooms aboxe, and the faniilx residence of the kee])er. This jail was about to be repaired, and it was heliexed that some impro\-ements as to drainage and ventilation might be introduced."

The present county jail, on the west side of the court house square, in its exterior aspect resembles a pretentious private residence. Its reconstruction to the jiresent condition occurred in 1870. costing the county over twenty thousand dollars. It is said that Ira .Storr was the hrst offender to lie incarceratefl in the old liuilding.